Birth Injury Compensation

It can be a devastating experience if your child suffers a birth injury due to negligence by a doctor. These injuries usually require lifelong treatment and care, leaving you with huge financial burdens.

A lot of birth injury cases have a complicated debate about medical malpractice versus medical errors. Our attorneys can help you discern the differences.

Costs of Treatment

In determining the amount to pay for a birth injury attorneys from insurance companies and judges consider the degree of the injury as well as the impact it has on the child's life quality. For instance the child who suffers from a medical condition requires extensive ongoing medical treatment that will increase the value of the claim.

Medical treatment for birth injuries can be very expensive. Compensation for birth injuries can help families pay for these expenses. Lawyers and experts often work together to create an "Life Care Plan" which calculates the cost of a child's injuries over a lifetime. These expenses include hospitalization, surgeries, specialized medical treatments, prescriptions, home improvements and equipment, among others.

Your legal team will collect medical records from the time of pregnancy and birth of your child, as well as firsthand accounts from relatives. They will be used to prove that your child suffered an injury due to negligence by a medical professional, and to demonstrate the extent of the harm caused.

Many states have passed medical indemnity funds to provide financial assistance to families of children who suffer from birth injuries. These funds either collect the portion of malpractice insurance premiums, or require doctors and hospital to contribute to an asset pool. In addition to providing financial assistance, these programs could also reduce the requirement for families to bring a lawsuit. However, JLARC staff found that these programs may not always meet their aims and should be improved.

Life Care Planning

Children suffering from conditions like cerebral palsy or hypoxic ischephalopathy will require medical attention throughout their lives. This includes physical therapies, specialized equipment, and home health care. The costs for these can be substantial.

A life-care plan is a document that specifies the future medical educational, in-home, and other costs disabled children are expected to pay throughout his or his or vimeo her life. These plans are often utilized to calculate the financial portion of damages awarded in a case of birth injury. These plans should be thorough and carefully designed to satisfy the strict requirements of admissibility.

Life-care planners can assist to develop these documents with feedback and formal opinions from a disabled child's doctors, therapists and caregivers. The plans also contain a detailed account of the injury that caused it and its diagnosis. They provide the causes of the disability as well as its long-term effects.

An attorney for medical malpractice should work with a life care planner to draft the best possible plan for their client's specific situation. The goal of the plan is to ensure that your child receives the proper compensation to cover the cost of all of their future medical and other expenses. The money is usually placed in a trust to cover special needs, which is managed by an authorized administrator. Typically, the amount of funds allotted will be re-adjusted periodically to adjust to any changes in your child's requirements.

Suffering and Pain

In a case involving birth injuries and damages are awarded to compensate the plaintiff for future and past discomfort and pain. This includes physical and mental distress from the injury, and the inability to participate in activities that are enjoyed by others.

You may also be able to recover lost earnings if the injury of a victim affects their work options or prevents them from working at all. In addition, families may be compensated if required to help care for the child who is injured.

The verdicts for medical malpractice cases tend to be extremely high, since juries tend to be sensitive to the victims and hold doctors accountable for their errors. This is why some hospitals and doctors prefer to settle rather than risk the possibility of a trial, which is costly and stressful for the parties involved.

Both sides will gather evidence to back their arguments during the trial. They will exchange documents in the process of discovery, which involves deposing witnesses to get their statements under swearing. The defendants may also request to review the medical records of the plaintiff and are legal in many states.

An experienced lawyer who has handled this type of situation is required to submit an effective claim for birth injuries. A seasoned attorney will analyze the facts of your case, determine if it is in line with the specifications for a lawsuit and seek out the most favorable financial settlement that is possible.

Punitive Damages

Some medical malpractice suits include punitive damages, which are meant to serve as a warning and discourage future negligence. They can be awarded in cases involving particularly serious negligence or where there was malice on the part of the doctor. They are very rare in the case of south portland birth injury lawsuit injuries.

After identifying the defendants the attorney needs to gather and analyze the evidence to support the claim. They must show that the injuries sustained by medical professionals were not at the standard of care. The legal team also has to prove the losses that were incurred with the injuries, which are known as "damages." These damages could be economic or non-economic.

The economic losses are usually calculated by estimating the cost of the child's ongoing treatment, including long-term care facilities as well as other services. They can also include the loss of earnings if an injury caused both or one parent to lose their job.

The legal team will draft an offer package that they will present to the malpractice insurers. The document will explain the clemson birth injury law firm injuries and the impact they have on the child and family, and request compensation for the loss. The lawyers will negotiate with medical providers until an agreement is reached. During this process, the attorneys will exchange information about their cases with the opposing side by way of discovery, which may include depositions of witnesses who swear to their testimony under oath.